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(영문) 대전지방법원 2014.08.14 2014고합229
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

According to the Act on the Promotion of Newspapers, etc. on January 10, 2013, the Defendant is a journalist who actually manages the online newspaper business after registering the online newspaper business with Defendant’s wife D, and editors as the journalist who reports education-related articles, political news, etc.

No person who publishes and operates the Internet newspaper registered under the Act on the Promotion of Newspapers, etc. shall engage in any election campaign, and no person, other than the candidate, shall post any Internet advertisement for the election campaign.

Nevertheless, from April 14, 2014 to April 22, 2014, the Defendant posted an online newspaper company’s online newspaper company’s office located in the Dae-gu Seoul Special Metropolitan City, and on the C’s Internet homepage (F), a candidate of the Daejeon Metropolitan City Mayor of the Daejeon Party, a candidate of the Daejeon Metropolitan City of the G Party, and an online advertisement containing a propaganda phrase “H is desired to change Daejeon,” and if the above website visitors whose number is more than 3,000 persons per day character an online advertisement, they carried out an election campaign by linking H’s election campaign, and displayed video promotion materials and publicity articles, etc. for the election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (with respect to the currency of the G party online team leader for the business entity requesting width advertising);

1. A written accusation by the Daejeon Metropolitan City Election Commission;

1. Application of the Acts and subordinate statutes to response requests for provision of communications data;

1. Article 255 (1) 2, Article 60 (1) 5, and Article 53 (1) 8 of the Public Official Election Act (the point of election campaign by a person who is unable to engage in an election campaign, the selection of fines), Article 252 (1) and Article 82-7 (5) of the Public Official Election Act (the point of Internet advertisements and the selection of fines) concerning criminal facts;

1. The crimes of Articles 40 and 50 of the Commercial Concurrent Crimes are more severe by Internet advertisements;

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